| Case ID |
3867ed2e-450c-41a5-bea4-426d641c8539 |
| Body |
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| Case Number |
Civil Appeals Nos. 129 to 131 of 1973 |
| Decision Date |
Oct 29, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the lower courts' decisions, confirming that the sale price mentioned in the mutations was accepted by the pre-emptor, thus the court was justified in not conducting an inquiry into the market price. The appeals were dismissed with costs, as the assertions made by the defendant regarding inflated sale prices were not substantiated with evidence, and the admitted sale prices were deemed correct. |
| Summary |
In the landmark case of Abdul Aziz vs. Akbar Khan, the Supreme Court of Pakistan ruled on the interpretation of the Punjab Pre-emption Act, specifically Section 25(1). The court addressed the complexities surrounding the sale prices of agricultural land and the validity of pre-emption claims. The pre-emptor, Akbar Khan, initially contested the sale prices but later admitted them during the trial. The court emphasized the importance of evidence in disputes regarding sale prices and upheld the decisions of the lower courts, which had accepted the sale prices as correct. This case highlights the critical role of legal representation and the necessity for parties to substantiate their claims with concrete evidence. The ruling reinforces the principle that admissions made in court carry significant weight in legal proceedings, particularly in property disputes involving pre-emption rights. Keywords such as 'Punjab Pre-emption Act', 'sale price', 'legal representation', and 'court decisions' are pivotal for those researching property law and pre-emption in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH,
ZAFFAR HUSSAIN MIRZA,
M.S.H. QURAISHI, JJ
|
| Lawyers |
Ch. Muhammad Anwar Buttar
|
| Petitioners |
ABDUL AZIZ and others
|
| Respondents |
AKBAR KHAN
|
| Citations |
1985 SLD 471,
1985 SCMR 426
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Pre-emption Act
|
| Sections |
25(1)
|